Resident Magistrate's Court. TE AROHA, TUESDAY, AUGUST 6TH, 1889.

Te Aroha News, Volume VII, Issue 392, 10 August 1889, Page 2

Resident Magistrate's Court. TE AROHA, TUESDAY, AUGUST 6TH, 1889.

(Before 11. W, Northcroft, Esq., B.M). Cronin v. Brjan. The following is a full report of the evidence adduced in the above case, heard in the Resident Manistrate's Court last Tuesday; find in which so much interest was evinced, the Couic being crowded whilst the case was proceeding :—: — Action for Recovery of Damages for Unlawful Trespass : — Michael Cronin v. John Brian : In this case the plaintiff sought to recover the Bum of £30, damages, from defendant for unlawful trespass in a house of which plaintiff was in lawful possession at the time the trespass was committed, Mr MoVeagh, solicitor for plaintiff, Sir Win. Wußteneys, solicitor for defendant. Plaintiff having briefly related the circumstances of the caße, proceeded to call witnesses. Edward Gallagher in reply to Mr McVenghsaid : He wan a conch proprietor, residing at Te Arolm, He knew the plaintiff, Michael Cronin, who was a driver for him for several yeurs, and during that time lived at Waiorongomai in a house belonging to witness. Remembered the night of Mondny, July Bth last. Rode out to Waiorongomai that oveni»t?, leaving Te Aroha about seven o'clock. Saw the defendant utWniornntromai that evening. Entered his (witness's) house (in which plaintiff then resided) that evening. Kffected an entrance, i>v getting in through the window. W.ib in tho habit of getting in that fashion. Wont in, on the occasion in question, l»flciu>e ho wished to see the inside of the houao . Used to go in through the window of that house years ago when plaintiff and witness lived in the house together, if plaintiff was away with the key in his pocket. Did try and charge plaintiff rent, but only for the sake «£. trying to get him out of the house. I)jd not really expect to get rent from fimn. Remember sending a letter to plaintiff about July 6th, giving him a week's

notice to leave, or i>oy 10s a week. [Let ,ter prifiluc-i'd, rend, and put in evidence.] •It \y'isab<.ut eight or nine in the evening when- we entered the house. Went in alone, and opened the front door. The defendant whs outside, asked him to come insult* , and ho did so. There was furniture in the house fit the time. Ho and defendant warn« out again in a, short time. Lucked the front door (the key of which was iufiide), and tot>k away the key Went in again about twelve o'clock tli.it night by himself. There was no one then in the house so far as he knew. There were blankets in the house. The blankets had been brought theie by his instructions. Defendant did not do anything in the house. Sent a young man named Kenny to tell Ci'bnin to bring the key of the house as he wanted to go inside. Kenny returned stating Cronin was up the hill, and Mik. Cronin said she knew no-" tiling about it. Considered he had ample authority to invite defendant to enter the h'HPe. 1 By Sir Win. Wasteneys : lie was told before he left Te Aroha that plaintiff had vacated the house; and went there expecting to find it vacated. Was in the habit of going in and out of the house indiscriminately. Whilht Cronin was in his employ he paid him so much a week and gave him the use of the house. When he left witnesses employ he gave him a fortnight within, which time to leave the house. Plaintiff, however, continued in the house from April last, contrary to his wish. Cronin replied to a bill he (witness; sent him for £6 18s ; (made up by renlchaiged for eleven weeks at 8i a week, and j£2 10s, half the ground rent for a year), [ileplj produced, read, and put in evidence was to the t-ffect that Cronin was greatly surprised at the demand Gallagher "had made on him for rent, as the lining and repairs to the house had cost some £10, of which Cronin had only succeeded in getting about £2 from Gallagher, although the agreement was the expense was obe equally shared ; and he supposed any rent that Gallagher might have, charged would go aguinst the amount dv-- him for repairs, et'j. In the letter Cronin .do off red to piy half the ground rent, stated ho had sent to the Thames for timber to build a hous-, a.»d would cause Gdht»her a^ little inconvenience as possible). Opened the kitchen window and in that wiy got into the house. \V.i-» surprised to find there wu-. furniture there. A-ked defendant in to .set* that he did not intcfere with anything in the house. Remained in the house the fir->t time he went in, about a quarter of an ho -r. D"lVnd.int wis th'ie allth.it thn>. Pef"U "ant did not nail up the bick door of the house. In rop'v to Hi* Worship : \Vu< there all the time defendant was. It was h (witri «k) who nailed up th • h ick door. Dirt ask dHpoii'Lint before in, to #o and borrow me some keys. Did not authorise defendant to. is«.ist imminent ring the Itw-6. They(?) irnthim (witness) aw.iv from t!io hf.n-e and the furniture was a! 1 cleared (.ut before 12 o'clock thitm'uht Did expect to meet defend mt at th« house —Oh, No ! did not ; w.i* thinking of Cronin. Hail a conversation with plaintiff afterwards with a view to settling up th» m ttti r. Gave plaintiff a clean receipt for the rent he had demandeo". No amount was stated on the. teceipt given. [Receipt re id, and put in evidence, Th ret;i ipt st.ited G.illa^hei h-'jurted Cronin of the rent he had claimed lnuu him, as hvhadfoundoiit ( !)tbflt Cronin hail paid for some timber used in inrnovin^ the hou^e.] Got a letter from plaintiff in return, stating it was n^t !iis intention to proceed a,'ain-t him [Letter pr duced, read, an-l put in evidence. The letter was to the effect that it was not now the intention of Cronin to piopecute Gallagher.] Looked upon tho-e two letters as a per feet kettlino up "jf the aff .ir, as far as he wir concerned. To His A'orshio : No money Massed between them. The defendant was never mentioned in the nntter. In reply toMi McVeayh: He last entered the house previously some 3'ears ago. Considered he had a right to enter the house when he chose to do so. Saw he had made a mistake in entering the house when furniture was in it. Did not consider when bo gave that receipt that he was '-Mitled to any rent. Nailed up the buck i^oor to prevent anvono going into the home. His object was to keep pos^ session of the house airainst all comers. [At this ttage of the proceedings His Worship asked Mr MoVeasfh if in face of the evidence th^t had already been given, it was worth his while to proceed further with the case. Mr McVeagh paid^HV 'considered he had sufficient proof to show that Gallagher and Brian wore in common de->is?n, and were jointly and severally liable for what had been dom. The witness Gallagher had admitti d n,o rent was due.] Nichol«s Kenny (swoin) : In rep\y to Mr MeVeajih : R •member the evening of Bth July. S.iw defendant on that evenitg in the company of Mr G.ilhmh'r. They were , at the time inside ijr Cionin's house. \Vitness was also inside. Mr Gallagher sent him down to where Mrs Cronin was staying at the time for- tho, key of the house. Mrs Cronin snid she would not give up the key. The flext tlnpg b« saw was that Mr Gallagher opened the front door, and asked him and Biiantq come in. We did so. This was abqut 10 o'clock at night. Mr Gallagher nailed the l}ack.o l oor up In reply to Sir Wm. "Wasteneys : Defendant did not nail up the back door, or lock the front door. In reply to His Worship : Mrs Oronin was staying at the house of a neighbour, MrsO'Keefe, when he went to ask her for the key. From the appearance of the hquse it did not look as if the Ci'onin's intended stopping there that night. In his opinion Brian wis simply there looldn-g on t The first thing Gallagher did was to get a board, hammer and nails, and (fasten up the back door. Was in there again that night afterwards, Took blankets up- to the house by M> Qallagher's instructions, as he (Gallagher) intended to stop there that nightMary Jane Cronin (sworn) rEemembered the evening of Monday, the Bth July. Saw Mr Gallagher on that evening, and again on the Tuesday morning about 2 a.m. Witness was in at Mr Wheelan'a house next door and saw Gallagher walk past Was in the house in question after 8 p.m; that Monday night. Mr Wheel en and Mr Orr were alno in there. Left the house that evening about dusk. No one could get into, the house without using force, as all the windows were nailed down inside, , and both the doors were

Jookt'rt. Touk the l>ey of the^aek door with bur when she wont out. All the furniture wop then in the house except tho beds, blankets and cradle. The furniture was taken out of the house about 12 o'clock hat night, because witness heard that Gallagher waygoing to seize the. furniture. Messr Wheelen and Oit assisted witness to remove the furniture. Le,ft Hiekej of the frmt door in the lock itmide. The key of the back door also opened thn front door. The witnes°, I£f*nny. came to h»rand asked for the key of the house. , Did not give it to him : {nil told him her husband was at work up the hill She believed Gallagher went into the house for the purpose of seizing:' their I'uvniture. Gallagher never intimited to her it was his intention to take possession of the house. When removing the furniture that night, ,took out the blankets also tl.at had been left there for Gallagher, and left them at Mi' Wheelens, next door. Was staying at Mr O'KeefVs house on the evening in question. In reoly to Sir Win. Wasteneys : Gallagher had ninde up a very comfortable bod for himself with the bankets on her couch. Nearly all her Furniture was in the house. It was packed up rpidy for removal. The reason she had tin* furniture removed, in the manner stated, latethat night was because she thought Gallagher might be rogue enough to sell the«r furniture, and thatwaswhy they ]\»d packed itupready to remove it. When Kenny came to her she told him her husband was up the hill, that her furniture was in the house, and would not give up the key of thehouss in his absence. James Orr (sworn) : Am a labourer, residing at W.iiorongom ii. On the night of. Bth July U^t, saw both Gallagher and 'defend int. First saw defendant Miat night alrqut half-past nine. Defendant was then tryinc to lift up the window of the house in which plaintiff resided, but could not do so ;h the window was nailed down. Told him not to do that, «s the people's furniture was in there. Gallagher was standing !>y at the time, about three or four yards hw.iv, and would have heard what he said. Was inCronin's house about 5 o'clock that evening, and also again about 1 2 I >'"lock tha t ni qh t . Went b ick thereabout 12 oVlock to assi.st Mrs Gronin to get her furniture out. \\ ent in by the front door. Saw some blankets on the sofa. 110 believed the furniture was t->ken out in order to prevent Mr Gallagher from seizing it. Michael Cronin (sworn; : Am a labourer residing at Waiorongoni ti. Oi the BHi July last was living at Waiornngonvii, in i house owned by Mr Gallagher. Never paid r<*nt for the house. H-id been living in the house for the last seven years. Mr Ga 'higher lived there with him for a part of the time ; about five yenrß. Mr Gallagher never claimid any rent from him until h« did so bv mentis of the bill he sent him, and which had been read and put in evid nee (amount, £6 18s). It was nn understanding between them that he (witness) was to pay half the ground rent of the section ; also, that he wa* to " do np " (ho house when he got married, about a year ago. He linedand improved the house, hut never succeeded in getting more tlian £2 from Gillagher to^atda the cost. When he sent him the bill he wrote a reply expressing his surprise at the demand, etc. Received a reply from Gallagher, giving him a week's notice to leave, if he would not nay 10s n week. By Sir Win. W.isteneys •• This arrangement about paving hulf the ground rent t >ok place whilst he wa-< in Gallagher's employ. Never received any intimation from Gallagher of his intention to enter the house. Gallagher afterwards admitted he did not owe him any rent, as ho vn by the receipt, which had been read and put in evidence. In after conversation witness showed Gallagher by < his wages book the timber he procured fiom the Thames, with which to improve the house, Gallagher hiid deducted from the first wages coining to him afterwards. By His Worship : Always intended to prosecute B-ian, and told Gallagher so. This concluded the eviflence. Sir Win. Wasteneys, addressing the Court, said : An arrangement had been arrived at b twoen the principal actor* in the affair, Gallagher and Cronin, and Gallagher,wisel3' or nn\vise.lv,h ad compromised the matter, which had put an end to the bi s nesß. Mr M -Veagh in addressing the Court, Slid Gallagher knew well that under the Police Off'nces Act he was liable, on conviction, of forcible entry, and being on the premises without lawful exouse, to imprisonment for a term not exceeding twelve months. Else why bad he been so extremely energetic in his endeavours to get from Cronin a written acquittance. The paper given, however, as a matter of fact did not debar plaintiff from suing Gallagher yet if he thought fit to do so, as it simply stated that it was not his intention (at that time) to prosecute Gallagher. His Worship non-suited plaintiff, on the grounds that Brian had net been positively attached. The evidence went to pro»*e that everything in connection with the entry was done by Gallagher and not by Brian. Non-suited with costs, £3 3s.